Florida District Courts of Appeal, 1984

Ellis v. Ham

Ellis v. Ham
Florida District Courts of Appeal · Decided December 11, 1984 · Baskin, Ferguson, Hubbart
462 So. 2d 28; 9 Fla. L. Weekly 2595; 1984 Fla. App. LEXIS 16694 (Southern Reporter, Second Series)

Ellis v. Ham

Opinion of the Court

PER CURIAM.

We reverse upon a finding that although the evidence regarding the alcohol intake and blood alcohol level of Ellis, a passenger in an automobile at the time of an accident, was marginally relevant on the issue of credibility, it was inadmissible at trial because the danger of unfair prejudice substantially outweighed the probative value of the evidence. § 90.403, Fla.Stat. (1981).

Reversed and remanded for a new trial.

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